Opinion
Case No. 5:99-cv-15-OC-10C
March 5, 2001
This action came before the Court upon the Stipulation For Entry of Deficiency Judgment Against Michael J. Stalker filed herein by the parties to this action, reflecting the settlement among all parties to this action of all claims in this action, and the unopposed Motion of the United States to Vacate Decree of Foreclosure and Order of Sale. The Court having reviewed the Stipulation and the motion and being duly advised in the premises, hereby ORDERS, ADJUDGES AND DECREES as follows:
1. That the parties to this action have entered into a settlement of all claims and interests affecting the real property that is the subject matter of this action as well as all other matters in this litigation.
2. That the Plaintiff shall have and recover of the Defendant Michael J. Stalker a judgment for unpaid federal income taxes for taxable year 1995 in the sum of $77,104.32 as of February 28, 2001, plus interest until paid as provided by 28 U.S.C. § 1961(c)(1) and 26 U.S.C. § 6621, and the Clerk of Court shall enter judgment accordingly;
3. That the claims of the Plaintiff, United States of America, against Gabriele Stalker, are hereby DISMISSED with prejudice;
4. That the claims of the Plaintiff, United States of America, against Crystal River Bank, a Florida banking association, are hereby DISMISSED;
5. That the Decree of Foreclosure and Order of Sale filed herein on February 26, 2001, is hereby VACATED; and
5. That the parties to this action shall bear their respective costs, including any possible attorneys' fees or other expenses of this litigation.